RES 85421 - Laserfiche WebLink

tion Documents to the Owner and the date on which vice are and shall remain the property of the Architect proposals are sought. whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, in- ARTICLE 4 cluding reproducible copies, of Drawings and Specifica- tions for information and reference in connection with PAYMENTS TO THE ARCHITECT the Owner's use and occupancy of the Project. The Draw- 4.1 An initial payment as set forth in Paragraph 9.1 is ings and Specifications shall not be used by the Owner on the minimum payment under this Agreement. other projects, for additions to this Project, or for com- 4.2 Subsequent payments for Basic Services shall be pletion of this Project by others provided the Architect is made monthly and shall be in proportion to services. per- not in default under this Agreement, except by agreement in writing and with appropriate compensation to the formed within each Phase. Architect. 4.3 When compensation is based on a percentage of 5.:2 Submission or distribution to meet official regula~ Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for tory requirements or for other purposes in connection such portions of the Project shall be payable to the extent with the Project is not to be construed as publication in services are performed on such portions, in accordance derogation of the Architect's rights. with the schedule set forth in Subparagraph 9.2.2 based on (1) the lowest bona fide bid or negotiated proposal, or ARTICLE 6 (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or other cost ARBITRATION estimate as described in Subparagraph 2.6. 6.1 All claims, disputes and other matters in question 4.4 Reimbursable Expenses include actual expenditures between the parties to this Agreement, arising out of or made by the Architect in the interest of the Project for: relating to this Agreement or the breach thereof,~fflay .1 expenses of transportation and living expenses in decided by arbitration in accordance with the Construc- connection with out-of-town travel, authorized by tion Industry Arbitration Rules of the American Arbitra- the Owner, tion Association then obtaining unless the parties mu- .:2 long distance communications, tually agree otherwise. No arbitration, arising out of or .3 fees paid for securing approval of authorities hay- relating to this Agreement, shall include, by consolidation, ing jurisdiction over the Project, joinder or in any other manner, any additional person not .4 reproductions, a party to this Agreement except by written consent con- .5 postage and handling of Drawings and Specifica- raining a specific reference to this Agreement and signed tions, by the Architect, the Owner, and any other person sought .6 renderings and models requested by the Owner, to be joined. Any consent to arbitration involving an ad- .7 expense of overtime work requiring higher than ditional person or persons shall not constitute consent to regular rates, if authorized by the Owner, arbitration of any dispute not described therein. This .8 expense of any additional insurance coverage or Agreement to arbitrate and any agreement to arbitrate limits, including professional liability insurance, re- with an additional person or persons duly consented to quested by the Owner in excess of that normally by the parties to this Agreement shall be specifically en- carried by the Architect and the Architect's con- forceable under the prevailing arbitration law. suitants. 6.:2 In no event shall the demand for arbitration be 4.S Payments on account of the Architect's Additional made after the date when institution of legal or equitable Services and for Reimbursable Expenses as defined in proceedings based on such claim, dispute or other matter Paragraph 4.4 shall be made monthly upon presentation in question would be barred by the applicable statute of of the Architect's statement of services rendered or ex- limitations. penses incurred. 6.3 The award rendered by the arbitrators shall be 4.6 No deductions shall he made from the Architect's final, and judgment may be entered upon it in accordance compensation on account of sums withheld from pay- with applicable law in any court having jurisdiction ments to contractors. thereof. 4.7 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall ARTICLE 7 be compensated for all services performed prior to receipt TERMINATION OF AGREEMENT of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then 7.1 This Agreement may be terminated by either party due and all Termination Expenses as defined in Paragraph upon seven days' written notice should the other party 7.4. If the Project is resumed after being suspended for fail substantially to perform in accordance with its terms more than three months, the Architect's compensation through no fault of the party initiating the termination. shall be equitably adjusted. 7.2 This Agreement may be terminated by the Owner upon at least seven days' notice to the Architect in the ARTICLE .~ event that the Project is permanently abandoned. OWNERSHIP AND USE OF DOCUMENTS 7.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for all ser- 5.1 Drawings and Specifications as instruments of ser- vices performed to termination date, together with Re- AIA DOCUMENT B181" OWNER-ARCHITECT AGREEMENT I:OR HOUSING SERVICES · JUNE 1978 EDITION" AIAe 1978 · THE AMERICAN iNSTiTUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Bl1~1-1978 4